Ann: Phase IIb Dog Trial Achieves Interim Clinical Endpoints, page-125

Morning Dryasachip

The way these things tend to work is for a commercial agreement to be struck compensating the patent holder for the use of their IP. The nature of the agreement would be expected to reflect the length of time the patent has to run and the extent to which the infringement is expected to impact the business of the patent holder (for example, if PAA was proposing to use MPL for purposes that would impact the profits Elanco produces from the molecule, the payment would need to be bigger). Elanco could try to block any use, but that wasn't the approach they took to cancer in dogs, where they were happy to strike a commercial agreement but (apparently) didn't think it was 'blockbuster' enough - or maybe that it would detract from their new canine cancer product being delivered via Vet DC?

So, you would expect it would be in both party's interests to negotiate a mutually beneficial arrangement and shouldn't be a show stopper.